MGM Resorts International Operations, Inc. v. Kolahzadeh et al

Filing 1

COMPLAINT against All Defendants (Filing fee $ 350 receipt number 0978-2199687), filed by MGM Resorts International Operations, Inc.. Certificate of Interested Parties due by 12/11/2011. Proof of service due by 3/30/2012. (Attachments: # 1 Civil Cover Sheet, # 2 Summons Kolahzadeh, # 3 Summons Krentzman, # 4 Summons Ciamillo, # 5 Summons Majewski, # 6 Summons RevNet, # 7 Summons PokerSons) (McCue, Michael)

1 MICHAEL J. McCUE (Bar No. 6055)
[e-mail]
2 JOHN L. KRIEGER (Bar No. 6023)
[e-mail]
3 JONATHAN W. FOUNTAIN (Bar No. 10351)
[e-mail]
4 LEWIS AND ROCA LLP
3993 Howard Hughes Parkway, Suite 600
5 Las Vegas, Nevada 89169
Tel: [phone]
6 Fax: [phone]
7 Attorneys for Plaintiff
MGM RESORTS INTERNATIONAL
8 OPERATIONS, INC.
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UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA

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13 MGM RESORTS INTERNATIONAL
OPERATIONS, INC., a Nevada corporation,
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Plaintiff,
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v.
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SHAHRAM KOLAHZADEH, an individual,
17 EVAN KRENTZMAN, an individual,
ROBERTO CIAMILLO, and individual, ADAM
18 MAJEWSKI, an individual, REVNET, a New
Jersey limited liability company, and
19 POKERSONS, a business of unknown origin,
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Case No. 2:11-cv-01929
COMPLAINT

Defendants.

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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2507498.2

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For its complaint, MGM RESORTS INTERNATIONAL OPERATIONS, INC.

2 (“Plaintiff”) alleges the following:
NATURE OF THE CASE

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This is an action for cybersquatting under the Anti-Cybersquatting Consumer Protection

5 Act, 15 U.S.C. § 1125(d), based upon the Defendants’ respective bad faith registration of:
6 <bellagioonlinepoker.com>,

<circuscircuspoker.com>,

<excaliburpoker.com>,

7 <luxorpoker.com>, <mandalaybayonlinepoker.com>, and <mgmpoker.com> (hereinafter the
8 “Domain Names”). This is also an action for trademark infringement under the Lanham Act, 15
9 U.S.C. § 1114(a) based upon Defendant Kolahzadeh’s use of “Aria” on the <ariapoker.com>
10 website in commerce. Plaintiff seeks temporary, preliminary, and permanent injunctive relief, as
11 well as damages, attorneys’ fees, and costs.
JURISDICTION AND VENUE

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1.

This Court has subject matter jurisdiction over this case pursuant to 28 U.S.C.

14 §§ 1331 and 1338(a) because Plaintiff’s causes of action arise under the laws of the United
15 States, specifically, under the Anti-Cybersquatting Consumer Protection Act, 15 U.S.C. §
16 1125(d) and the Lanham Act, 15 U.S.C. § 1114.
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2.

This Court has personal jurisdiction over the Defendants under the effects test

18 articulated by the United States Supreme Court in Calder v. Jones, 465 U.S. 783, 104 S. Ct.
19 1482, 79 L. Ed. 2d 804 (1984). Each of the domain names registered by the Defendants
20 (ariapoker.com,

bellagioonlinepoker.com,

circuscircuspoker.com,

excaliburpoker.com,

21 luxorpoker.com, mandalaybayonlinepoker.com, and mgmpoker.com) incorporates the dominant
22 portion of federally registered trademarks owned by Plaintiff and/or its corporate affiliates. In
23 addition, each of the domain names registered by the Defendants incorporates the names of
24 world famous resort hotel casinos owned and operated by Plaintiff and its corporate affiliates in
25 Las Vegas, Nevada. The Defendants registered these domain names for the purpose of trading
26 off of the substantial fame, goodwill, and consumer recognition Plaintiff and its corporate
27 affiliates have acquired in Plaintiff’s trademarks through years of use and billions of dollars
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28 spent in advertising, promoting, and marketing Plaintiff’s resort hotel casinos to consumers
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1 located in the United States and throughout the world. Accordingly, the Defendants intentionally
2 registered Internet domain names in bad faith knowing that Plaintiff is located in Nevada and
3 knowing that such intentionally tortious conduct would cause injury to Plaintiff in Nevada.
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3.

Venue is proper in the United States District Court for the District of Nevada

5 under 28 U.S.C. § 1391(b), (c), and/or (d). Venue is proper in the unofficial Southern division of
6 this Court.
PARTIES

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4.

Plaintiff MGM Resorts International Operations, Inc. is a Nevada corporation

9 headquartered in Las Vegas, Nevada.
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5.

Defendant Shahram Kolahzadeh (“Kolahzadeh”) is the registered owner of the

11 <ariapoker.com> domain name.

Kolahzadeh registered the domain name with Wild West

12 Domains, Inc. (“Wild West”). Upon information and belief, Kolahzadeh is a resident of the
13 Republic of Zimbabwe.

Upon information and belief, the <ariapoker.com> domain is a

14 “directory site” that generates “click through” advertising revenue when visitors to the site click
15 on links listing various subjects of interest. The links contained on the <ariapoker.com> website
16 direct visitors to, among other things: (a) Las Vegas casinos; (b) Las Vegas hotels; and (c)
17 gaming equipment manufacturers and distributors.
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6.

Defendant Evan Krentzman (“Krentzman”) is the registered owner of the

19 <bellagioonlinepoker.com> domain name.

Krentzman registered the domain name with

20 GoDaddy.com, Inc. (“GoDaddy”) on or about September 13, 2009. Upon information and
21 belief, Krentzman is a resident of Woodland Hills, California.
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7.

Defendant Roberto Ciamillo (“Ciamillo”) is the registered owner of the

23 <circuscircuspoker.com> domain name. Ciamillo registered the domain name with Australian
24 domain name registrar, Melbourne IT, Ltd. d/b/a/ Internet Names Worldwide (“Internet Names”)
25 on April 24, 2011. Upon information and belief, Ciamillo is a resident of Shelby Township,
26 Michigan.
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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

8.

Defendant Adam Majewski (“Majewski”) is the registered owner of the

28 <excaliburpoker.com> domain name. Majewski registered the domain name with GoDaddy on
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1 or about October 22, 2005. Upon information and belief, Majewski is a resident of McKinney,
2 Texas.
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9.

Defendant PokerSons is the registered owner of the <luxorpoker.com> and

4 <mgmpoker.com> domain names. PokerSons registered the domain names with GoDaddy on or
5 about March 23, 2002. Defendant PokerSons is a business entity of unknown nature. Upon
6 information and belief, PokerSons is based in London, England.
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10.

Defendant RevNet is the registered owner of the <mandalaybayonlinepoker.com>

8 domain name. RevNet registered the domain name with GoDaddy on or about December 4,
9 2010. Defendant RevNet is a limited liability company based in Hackensack, New Jersey.
ALLEGATIONS COMMON TO ALL COUNTS

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11.

Plaintiff is a subsidiary of MGM Resorts International (“MGMRI”) who, through

12 other corporate subsidiaries and affiliates owns and operates several world famous resort hotel
13 casinos in Las Vegas, Nevada, including Aria Resort & Casino, Bellagio, Circus Circus Hotel &
14 Casino, Excalibur Hotel & Casino, Luxor Hotel & Casino, Mandalay Bay Resort & Casino, and
15 MGM Grand Hotel & Casino.
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12.

MGMRI, through its various subsidiaries, has obtained several United States

17 trademark registrations for the names of its resort hotel casinos, as set forth below:
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a.

CityCenter Land, LLC (“City Center”) is a subsidiary of MGMRI and a

19 corporate affiliate of Plaintiff. City Center is the registered owner of United States Trademark
20 Registration No. 3,815,132 for the ARIA trademark (the “ARIA Mark”) in International Class
21 41 for casino services. City Center and/or its predecessors have continuously used the ARIA
22 trademark in commerce in connection with casino services since December 16, 2009.
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b.

Mirage Resorts, Inc. (“Mirage Resorts”) is a subsidiary of MGMRI and a

24 corporate affiliate of Plaintiff.

Mirage Resorts is the registered owner of United States

25 Trademark Registration No. 2,232,486 for the BELLAGIO trademark in International Class 41
26 for, among other things, casinos. Mirage Resorts and/or its predecessors have continuously used
27 the BELLAGIO trademark in commerce in connection with casino services since October 15,
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28 1998.
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c.

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Mirage Resorts is also the registered owner of United States Trademark

2 Registration No. 0,891,114 for the CIRCUS CIRCUS trademark in International Class 41 for
3 casino services. Mirage Resorts and/or its predecessors have continuously used the CIRCUS
4 CIRCUS trademark in commerce in connection with casino services since October 18, 1968.
d.

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New Castle Corp. (“New Castle”) is a subsidiary of MGMRI and a

6 corporate affiliate of Plaintiff. New Castle is the registered owner of United States Trademark
7 Registration No. 1,549,563 for the EXCALIBUR trademark in International Class 41 for casino
8 services.

New Castle and/or its predecessors have continuously used the EXCALIBUR

9 trademark in commerce in connection with casino services since October 26, 1988.
e.

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Ramparts, Inc. (“Ramparts”) is a subsidiary of MGMRI and a corporate

11 affiliate of Plaintiff. Ramparts is the registered owner of United States Trademark Registration
12 No. 1,798,924 for the LUXOR trademark in International Class 41 for casino services.
13 Ramparts and/or its predecessors have continuously used the LUXOR trademark in commerce in
14 connection with casino services since May 19, 1992.
f.

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Mandalay Resort Group (“MRG”) is a subsidiary of MGMRI and a

16 corporate affiliate of Plaintiff.

MRG is the registered owner of United States Trademark

17 Registration No. 2,275,016 for the MANDALAY BAY trademark in International Class 41 for
18 casino services. MRG and/or its predecessors have continuously used the MANDALAY BAY
19 trademark in commerce in connection with casino services since March 2, 1999.
g.

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MGMRI is the registered owner of United States Trademark Registration

21 No. 2,534,227 for the MGM trademark in International Class 41 for casino services. MGMRI
22 and/or its predecessors have continuously used the MGM trademark in commerce in connection
23 with casino services since December, 1973.
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13.

The foregoing trademarks and trademark registrations are referred to collectively

25 herein as the MGM Marks.
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14.

MGMRI and its corporate subsidiaries and affiliates have used the MGM Marks

27 in commerce to provide casino services to Nevada residents and to the millions of people who
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28 visit Las Vegas, Nevada annually.
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15.

MGMRI and its corporate subsidiaries and affiliates have used the MGM Marks,

2 without limitation, in print and broadcast advertisements, on buildings, in signage, on gaming
3 chips, on slot machines, and on gaming tables.
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16.

MGMRI and its corporate affiliates have also used the MGM Marks on, among

5 others, the following websites: <arialasvegas.com>, <bellagio.com>, <circuscircus.com>,
6 <excalibur.com>, <luxor.com>, <mandalaybay.com>, and <mgmgrand.com>.
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17.

MGMRI and its corporate affiliates have spent millions of dollars advertising,

8 marketing, and promoting the MGM Marks to consumers located throughout the United States
9 and the world.
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18.

The MGM Marks have become distinctive or famous in the United States and

11 around the world. The MGM Marks have acquired a special significance and meaning to the
12 consuming public as identifying MGMRI and its corporate affiliates as the source or origin of
13 ethical, high quality casino services.
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19.

MGMRI has authorized Plaintiff to bring suit to enforce the trademarks registered

15 to, among others, City Center, Mirage Resorts, New Castle, Ramparts, MRG, and MGMRI.
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COUNT I
(Cybersquatting under
the Lanham Act, 15 U.S.C. § 1125(d))

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Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

19 forth herein.
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21.

The Defendants have registered, trafficked in, and/or used the Domain Names.

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22.

The Domain Names are confusingly similar to the MGM Marks.

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23.

The MGM Marks were distinctive and/or famous when the Defendants

23 registered the Domain Names.
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24.

Upon information and belief, the Defendants have or have had a bad faith intent

25 to profit from their registration of the Domain Names.
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25.

As a direct and proximate result of the Defendants’ registration of the Domain

27 Names, Plaintiff and its corporate affiliates have suffered, and will continue to suffer, monetary
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

28 loss and irreparable injury to their businesses, reputations, and goodwill.
-62507498.2

COUNT II
(Trademark Infringement under
the Lanham Act, 15 U.S.C. § 1114(a))

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26.

Plaintiff incorporates the allegations in the preceding paragraphs as if fully set

4 forth herein.
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27.

Defendant Kolahzadeh’s use of the domain name <ariapoker.com> constitutes a

6 reproduction, copying, counterfeiting, and colorable imitation of the ARIA Mark in a manner
7 that is likely to cause confusion or mistake or is likely to deceive consumers.
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28.

Plaintiff has not authorized or otherwise consented to Defendant Kolahzadeh’s

9 use of the ARIA Mark within the <ariapoker.com> domain name or on the <ariapoker.com>
10 website.
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29.

Defendant Kolahzadeh’s unauthorized use of the ARIA Mark is likely to cause

12 initial interest confusion and divert Internet users away from Plaintiff’s websites to Defendant
13 Kolahzadeh’s <ariapoker.com> website.
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30.

As a direct and proximate result of Defendant Kolahzadeh’s infringement of the

15 ARIA Mark, Plaintiff and its corporate affiliates have suffered, and will continue to suffer,
16 monetary loss and irreparable injury to their businesses, reputation, and goodwill.
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PRAYER FOR RELIEF

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WHEREFORE, Plaintiff respectfully prays that the Court grant the following relief:

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A.

A temporary, preliminary, and permanent injunction prohibiting the Defendants

20 and their respective officers, agents, servants, employees, and/or all other persons acting in
21 concert or participation with them, from: (1) trafficking in, or maintaining a registration for, any
22 Internet domain name containing the MGM Marks or any confusingly similar variations
23 thereof, alone or in combination with any other letters, words, letter strings, phrases or designs;
24 and (2) using the ARIA Mark or any confusingly similar variations thereof, alone or in
25 combination with any other letters, words, letter string, phrases or designs in commerce
26 (including, but not limited to, on websites, in domain names, in social network user names, in
27 hidden website text or in metatags);
Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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B.

A temporary, preliminary, and permanent injunction requiring the current domain
-72507498.2

1 name registrar to transfer the registrations for the Domain Names to Plaintiff;
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C.

An award of compensatory, consequential, statutory, and/or punitive damages to

3 Plaintiff in an amount to be determined at trial;
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D.

An award of interest, costs and attorneys’ fees incurred by Plaintiff in prosecuting

5 this action; and
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E.

All other relief to which Plaintiff is entitled.

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Dated: this 1st day of December, 2011

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Respectfully submitted,

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LEWIS AND ROCA LLP

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By:
/s/ Michael J. McCue
Michael J. McCue
John L. Krieger
Jonathan W. Fountain
3993 Howard Hughes Parkway, Suite 600
Las Vegas, Nevada 89169
Tel: [phone]
Fax: [phone]
Attorneys for Plaintiff
MGM RESORTS INTERNATIONAL
OPERATIONS INC.

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Lewis and Roca LLP
3993 Howard Hughes Parkway
Suite 600
Las Vegas, Nevada 89169

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